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Support And Maintenance Agreement

Support And Maintenance Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Support And Maintenance Agreement

"I need a Support and Maintenance Agreement for my Dubai-based software company to provide 24/7 IT infrastructure maintenance services to a large banking client, including critical system monitoring, emergency response, and quarterly preventive maintenance, with service level agreements for different priority levels."

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Document background
The Support And Maintenance Agreement is essential for businesses operating in the UAE that require ongoing technical support, equipment maintenance, or system management services. This document is particularly relevant in today's technology-driven business environment where regular maintenance and support are crucial for operational continuity. The agreement, structured under UAE law, typically covers preventive and corrective maintenance, help desk support, software updates, and emergency responses. It's designed to comply with UAE federal laws while protecting both service providers and customers through clear service definitions, performance metrics, and liability provisions. The document is commonly used in various scenarios, from IT infrastructure maintenance to facility management services, and can be customized based on specific service requirements and industry standards.
Suggested Sections

1. Parties: Identification and details of the service provider and customer, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, including brief description of the customer's business, the systems/equipment to be maintained, and the provider's expertise

3. Definitions and Interpretation: Detailed definitions of technical terms, service-related terminology, and interpretation clauses

4. Scope of Services: Comprehensive description of maintenance and support services to be provided, including preventive and corrective maintenance

5. Service Provider Obligations: Detailed responsibilities of the service provider, including response times, quality standards, and reporting requirements

6. Customer Obligations: Customer's responsibilities, including access provision, cooperation requirements, and information sharing obligations

7. Service Levels: Specific performance standards, metrics, and measurement methods

8. Fees and Payment: Pricing structure, payment terms, invoicing procedures, and any escalation mechanisms

9. Term and Termination: Duration of agreement, renewal terms, and termination rights and procedures

10. Intellectual Property Rights: Ownership and usage rights of any IP involved in service delivery

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection and Security: Compliance with UAE data protection laws and security requirements

13. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

14. Force Majeure: Events excusing performance and related procedures

15. Governing Law and Dispute Resolution: UAE law governance and dispute resolution procedures, including jurisdiction and arbitration provisions

Optional Sections

1. Change Control: Procedures for requesting and implementing changes to services or service levels. Include when the services are complex or likely to evolve

2. Disaster Recovery: Disaster recovery and business continuity procedures. Include for critical systems maintenance

3. Training: Training obligations for customer staff. Include when service includes knowledge transfer

4. Transition Services: Procedures for transitioning services at start and end of agreement. Include for complex service arrangements

5. Third-Party Vendors: Management of third-party vendor relationships. Include when multiple vendors are involved

6. Equipment Supply: Terms for supply of replacement parts or equipment. Include when provider supplies hardware

7. Software Updates: Terms for software updates and version control. Include for software maintenance

8. Site Access and Security: Detailed site access and security procedures. Include for on-site services

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical description of maintenance and support services

2. Schedule 2 - Service Levels and KPIs: Detailed service level specifications, measurement methods, and penalties

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

4. Schedule 4 - Supported Equipment/Systems: List and specifications of equipment or systems covered by the agreement

5. Schedule 5 - Contact Details and Escalation Matrix: Key personnel, contact information, and escalation procedures

6. Schedule 6 - Report Formats: Templates and requirements for service reports and documentation

7. Schedule 7 - Service Locations: List of locations where services will be provided

8. Appendix A - Technical Requirements: Detailed technical specifications and requirements

9. Appendix B - Security Requirements: Security protocols and compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Acceptance Criteria
Business Day
Business Hours
Change Request
Confidential Information
Critical Failure
Customer
Customer Equipment
Defect
Documentation
Emergency Maintenance
Equipment Location
Escalation Matrix
Fees
Force Majeure Event
Incident
Initial Term
Intellectual Property Rights
Maintenance Schedule
Maintenance Services
Major Release
Minor Release
Normal Business Hours
Out of Hours Support
Patch
Planned Maintenance
Preventive Maintenance
Priority Level
Response Time
Resolution Time
Service Credits
Service Hours
Service Level Agreement
Service Level Failure
Service Provider
Service Report
Software
Support Request
Support Services
System
Technical Specifications
Term
Third Party Software
Update
Upgrade
User
Virus
Warranty Period
Work Order
Clauses
Definitions
Services Scope
Term and Renewal
Service Provider Obligations
Customer Obligations
Service Levels
Performance Monitoring
Fees and Payment
Invoicing
Personnel Requirements
Subcontracting
Quality Standards
Documentation
Change Control
Acceptance Testing
Maintenance Standards
Response Times
Reporting Requirements
Intellectual Property
Confidentiality
Data Protection
Security Requirements
Warranties
Indemnification
Liability Limitations
Insurance
Force Majeure
Termination Rights
Exit Management
Assignment
Notice Requirements
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendment
Third Party Rights
Compliance with Laws
Anti-Corruption
Record Keeping
Audit Rights
Relevant Industries

Information Technology

Healthcare

Manufacturing

Real Estate

Banking and Financial Services

Telecommunications

Oil and Gas

Construction

Retail

Education

Hospitality

Transportation and Logistics

Utilities

Government Services

Relevant Teams

Legal

Operations

Information Technology

Procurement

Facilities Management

Technical Support

Service Delivery

Compliance

Risk Management

Contract Administration

Project Management

Infrastructure Management

Relevant Roles

Chief Technology Officer

Facilities Manager

Operations Director

Procurement Manager

Contract Manager

Technical Support Manager

Service Delivery Manager

Maintenance Supervisor

IT Infrastructure Manager

Legal Counsel

Chief Operations Officer

Project Manager

Risk Manager

Compliance Officer

Technical Director

Industries
UAE Federal Law No. 5 of 1985 (Civil Code): Governs contractual obligations, formation of contracts, and general principles of UAE civil law. Essential for defining the basic contractual framework, rights, and obligations of parties.
UAE Federal Law No. 18 of 1993 (Commercial Transactions Law): Regulates commercial transactions and business relationships. Relevant for B2B support and maintenance agreements and commercial terms.
UAE Federal Law No. 8 of 1980 (Labor Law): Governs employment relationships and worker rights. Relevant when considering service delivery personnel and subcontractor arrangements.
Federal Decree-Law No. 45 of 2021 (Data Protection Law): Regulates personal data protection and privacy. Essential when maintenance services involve access to customer data or systems.
Federal Law No. 24 of 2006 (Consumer Protection Law): Protects consumer rights and interests. Applicable if services are provided to individuals or small businesses classified as consumers.
UAE Federal Law No. 2 of 2019 on the Use of ICT in Healthcare: Relevant if maintenance services involve healthcare-related technology or data systems.
Federal Law No. 4 of 2012 (Competition Law): Regulates anti-competitive practices. Relevant for pricing structures and exclusivity provisions in maintenance agreements.
Federal Law No. 15 of 2020 (Consumer Protection Law update): Updates consumer protection regulations including service quality standards and warranty obligations.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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